Whether concurrent crimes under the latter part of Article 37 of the Criminal Act between a crime for which a summary order has become final and conclusive and the previous crime are established (affirmative)

Since the defendant was sentenced to a summary order on January 23, 1989 by a fine for the violation of the Establishment of Homeland Reserve Forces Act and the order becomes final and conclusive on March 2, 198, the crime committed prior to such order and the crime committed by the latter part of Article 37 of the Criminal Act shall become concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be determined again for the above crime without a judgment under Article 39 of the same Act. Therefore, the punishment for the crime committed prior to the final and conclusive judgment and the crime

Article 37 (latter part) and Article 39 of the Criminal Act; Article 457 of the Criminal Procedure Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Defendant

Daegu District Court Decision 89No1994 delivered on April 12, 1990

The appeal is dismissed.

The number of detention days after an appeal shall be included in the principal sentence for the crimes prescribed in subparagraphs 1 through 8 of the judgment of the court of first instance.

We examine the grounds of appeal.

The court may, when it declares a conviction of a crime prescribed in Article 25 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. under Articles 25, 26, and 31, issue an order for compensation ex officio or at the same time with a declaration of conviction by a victim or his heir, and in light of the records of the judgment of the court of first instance maintained by the court of first instance, issues an order for compensation of KRW 9,071,00 for a request by a victim of the 11 criminal facts (Fraud) in the judgment of the court of first instance, or the maintenance of the court of first instance is deemed legitimate.

In addition, since the defendant was sentenced to a summary order by the Daegu District Court on January 23, 1989 to a fine for a violation of the Establishment of Homeland Reserve Forces Act, and the order has become final and conclusive on March 2, 199, each crime of Articles 1 through 8 of the judgment committed prior to such order and the crime of the latter part of Article 37 of the Criminal Act are concurrent crimes under Article 39 of the Criminal Act, and the punishment shall be determined again for the above crime which has not been adjudicated under Article 39 of the same Act. Therefore, since the crime of Articles 1 through 8 of the judgment of the court of first instance and the above crimes of Articles 9 through 11 of the judgment which are crimes after the final judgment of the court of first instance has become final and conclusive, the defendant shall be sentenced to a separate punishment for each crime of Articles 9 through 11

Therefore, the appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)